This is going to be a tough case. There are governmental immunities which apply. There is a 6 month statute of limitation on filing a government tort claim.
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You should consult with a civil rights or personal injury attorney specifically about your case to determine what your legal rights are. Good luck.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
A local civil rights lawyer should hear all the facts and circumstances. Feel free to use Avvo's "find a lawyer" tool.
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Individual police officers may also be sued for their actions in addition to the police department and that a plea or verdict of guilty to the resisting arrest could bar a civil suit.
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